Patna High Court
Mauri YadavversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal abates and is disposed of when the appellant dies and no near relative applies for leave to continue, per Section 394 CrPC/Section 435 B.N.S. 2023.
Summary
Mauri Yadav appealed a criminal conviction, but during the pendency of the appeal he died. The Superintendent of Police submitted a report and a death certificate confirming his death. The court examined whether the appeal could proceed in the absence of the appellant and without any application from a near relative. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the court held that an appeal abates if the appellant dies and no relative seeks leave to continue it. Consequently, the appeal was abated and disposed, and the trial court records were ordered to be sent back.
Issues considered
- Does a criminal appeal abate upon the death of the appellant when no near relative files an application for leave to continue the appeal?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.729 of 2014
Arising Out of PS. Case No.-131 Year-2004 Thana- GOVINDGANJ District- East
Champaran
======================================================
Mauri Yadav S/o Late Rudal Yadav , resident of Village - Chatia Diyar , P. S.
-Malahi , District -East Champaran .
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Singh, Advocate
For the Respondent/s : Mr.S.C.Mishra, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 05-05-2026 Perused the Letter No. 249 dated 08.02.2026 of the
Superintendent of Police, Motihari along with the report of
Police Sub Inspector, Malahi Police Station, East Champaran,
Motihari dated 03.02.2026, wherein it is indicated that during
enquiry it came to light that the sole appellant Mauri Yadav, has
died. Certificate of death issued by Mukhiya of Gram Panchayat
Raj Chatiya, Badharwa, Block-Areraj, East Champaran has also
been enclosed with the said report.
2. In view of the said letter as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
Patna High Court CR. APP (DB) No.729 of 2014(4) dt.05-05-2026
2/2
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court records be sent back to the
concerned court immediately, if not required in any other case.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
U
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